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Regulations Governing the Implementation of Filing Patent 
Applications and Services by Electronic Means  
 

 Promulgated and entered into force on May 8, 2008.  
 Amended on July 3, 2012; entered into force on January 1, 2013.  
 Amended on December  6, 2013; entered into force on December 1, 
2013.  
 Amended on  July 13, 2015; entered into force on July  15, 2015.  
 Amended on June  29, 2016; entered into force on July 1, 2016.  
 Amended on June  9, 20 20; entered into force on July 1, 20 20. 
 
Article 1  
These Regulations are formulated pursuant to Article 19 of the 
Patent Act (hereinafter referred to as “the Act”).  
 
Article 2  
The terms used in these Regulations are defined as follows:  
1. Electronic patent application: the transmission of application 
documents using the hardware and software information 
equipment designated by the Specific Patent Agency.  
2. User: the applicant or the agent thereof who files an electronic 
patent application.  
3. Electronic patent ap plication documents: the application form that 
the user fills out and submits in accordance with the form for 
electronic patent application prescribed by the Specific Patent 
Agency and other electronic files attached.  
4. Electronic transmission: the transmiss ion with which the user 
submits the electronic patent application documents to the 
information system provided by the Specific Patent Agency through 
the Internet.  
5. Information system: a system that generates, sends, receives, stores, 
or otherwise processes information or data in electronic form.  
6. Electronic certificate: a valid electronic attestation issued by a 
certification service provider qualified pursuant to the Electronic 
Signatures Act.  
7. Digital signature: the digital signature as prescribed under the 2 
 Electronic Signatures Act.  
8. Electronic official documents: Various official documents made by 
the Specific Patent Agency by electronic means during patent 
application and other procedures thereof.  
9. Recipient of service of documents: the person filing a paten t 
application or other procedures by hard copy or electronic means 
who agrees on electronic service of official documents by the 
Specific Patent Agency.  
10. Electronic service: Electronic official documents transmitted to the 
electronic official document down loading platform by the Specific 
Patent Agency and downloaded by the recipient of service of 
documents.  
11. Electronic official document downloading platform: the information 
system provided by the Specific Patent Agency for the recipient of 
service of documen ts to download electronic official documents.  
 
Article 3  
The effect of the electronic patent application documents submitted 
in accordance with these Regulations is identical to the effect of the 
written application documents.  
 
Article 4  
These Regulations are applicable to the patent applications for 
invention, utility model and design as well as other related requests.  
The Specific Patent Agency shall publish the types and forms of the 
qualified applications which may be electronically filed as prescribed in 
the preceding paragraph within three months before the start of 
acceptance of applications.  
 
Article 5  
Prior to filing an electronic patent application, a user shall complete 
the following procedures:  
1. Obtain the electronic certificate issued by the cert ification service 
provider designated by the Specific Patent Agency; and  
2. Confirm and agree to the terms of electronic application, and register 
the related information on the website designated by the Specific 
Patent Agency.  
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 Article 5 -1 
Where there are more than two agents stated in an electronic 
trademark application document, one of them is allowed to make a 
transmission by the electronic certificate thereof as a representative. 
Unless an objection is filed, the others who do not make a transmission 
are presumed to have been appointed.  
 
Article 6  
The electronic patent application documents submitted via electronic 
transmission shall meet the following requirements:  
1. the file format, sizes in bytes, format of electronic packet, means of 
transmission and t he electronic filing software used shall all meet the 
requirements provided by the Specific Patent Agency; and  
2. a valid digital signature must be provided.  
 
Article 7  
Upon receiving the electronic patent application documents that 
meet the requirements set  forth in the preceding Article and are in 
absence of the circumstances prescribed under Paragraph 1 or 2 of 
Article 9, the Specific Patent Agency shall notify the user of the receipt; 
such notification shall contain the following:  
1. the mark of the Specific  Patent Agency;  
2. the time of receipt of the complete electronic patent application 
documents;  
3. the accession number or application number of the electronic patent 
application documents referred to in the preceding subparagraph; 
and 
4. a brief summary of the ele ctronic patent application documents 
received.  
 
Article 8  
If the  submitted electronic patent application documents do not 
meet the requirements prescribed in Article 6, the electronic 
transmission thereof shall be deemed not to have been made.  
In case the circumstance of the preceding paragraph occurs, the 
Specific Patent Agency shall notify the user.  
 
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 Article 9  
If parts or the entire electronic patent application documents are 
unidentifiable or incomplete, the electronic transmission of the whole 
electron ic patent application documents shall be deemed not to have 
been made.  
If the electronic patent application documents carry viruses or 
malicious codes, they shall be deemed as unidentifiable.  
In case the circumstance of the preceding paragraph occurs, the 
Specific Patent Agency shall keep the electronic patent application 
documents in quarantine; procedures such as virus removal will not be 
adopted.  
Regarding the electronic patent application documents prescribed in 
the preceding paragraph, the Specific Pat ent Agency may, after the 
elapse of certain time period, destroy the documents or proceed with 
other measures that guarantee system safety.  
In case the circumstances prescribed under Paragraph 2 and 3 occur, 
the Specific Patent Agency shall notify the user . 
 
Article 10  
Where the Specific Patent Agency is to notify the user in accordance 
with Article 7 to the preceding article, the notification shall be made via  
e-mail or other ways provided by the Specific Patent Agency; notification 
by a hard copy will not  be served.  
In case the first delivery in the methods prescribed in the preceding 
paragraph fails, the Specific Patent Agency shall make the delivery once 
more in the methods prescribed in the preceding paragraph.  
The user shall ensure the e -mail provided is functioning properly, 
and shall duly check for any notification from the Specific Patent Agency 
after the electronic transmission has been made.  
 
Article 10 -1 
If the user who pays the fee online through the designated account 
but fails to do so due to i nsufficient balance, the Specific Patent Agency 
shall notify the user by phone call or email of the time period and 
method to make a late payment.  
 
 
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 Article 11  
The documents of proof to be submitted in an electronic patent 
application may be replaced with  the electronic version thereof 
prescribed by the Specific Patent Agency, except for the original, the 
certified copy, or evidence submitted pursuant to the Act or the 
Enforcement Rules of the Act.  
For the documents of proof submitted in electronic form pu rsuant 
to the preceding paragraph, preliminary showing shall be made that the 
electronic files are identical to the original or the certified copy.  
Whenever it deems necessary, the Specific Patent Agency may 
require the user to submit the original or the c ertified copy of the 
electronic files prescribed under Paragraph 1 for verification.  
 
Article 12  
Where a request for amendment of the description, claim(s), or 
drawing(s)  of a patent application for invention or utility model filed 
pursuant to the Act is in electronic form, a complete set of amended 
description, claim(s) or drawing(s) in electronic form shall also be 
submitted.  
Where a request for amendment of the description or drawing(s)of 
a patent application for design filed pursuant to the Act is in t he 
electronic form, a complete set of amended description or drawing(s) in 
electronic form shall also be submitted.  
The user submitting electronic patent application documents may 
simultaneously submit the original description, claim(s), or drawing(s) in 
doc, docx, pdf, jpg, and tif formats. The Specific Patent Agency allows for 
corrections made by the user in accordance with the original electronic 
description, claim(s), or drawing(s) should the electronic patent 
application documents be found incomplete, distorted, or inconsistent 
during the examination.  
 
Article 13  
If the information system of the Specific Patent Agency breaks down, 
a notification shall immediately be made on the website or in any other 
manner.  
 
 
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 Article 14  
The time when the electronic transmission from a user is received at 
the information system of the Specific Patent Agency shall be the time 
when such transmission is made to the Specific Patent Agency. However, 
if the user has received an automatic message indicating successful 
transm ission or payment, the transmission or payment is deemed made 
despite the fact that the transmission is incomplete in reality.  
 
Article 14 bis 
Where one  of the following circumstances  occurs as a user files  an 
electronic patent application , the alternative methods of electronic  
transmission  announced  by the Specific Patent Agency  may be used : 
1. The file size of the electronic patent application documents exceeds 
the limit specified by the Specific Patent Agency.  
2. The Specific Patent Agency notifies a breakdown of its information 
system pursuant to the provision of Article 13.  
 
Article 14ter  
Where the alternative methods are used to file an electronic 
application pursuant to the preceding article, the filing date shall be the 
date on which the Specific Patent Age ncy receives the electronic patent 
application documents. Where the delivery thereof is made via postal 
service, the filing date shall be the postmark date of the place of delivery. 
However, if the postmark date is unclear , the filing date shall be the dat e 
of receipt by the Specific Patent Agency, unless otherwise proved by the 
parties involved.  
Articles 6 through 10, and Paragraphs 3 of Article 12 shall apply 
mutatis mutandis to the alternative methods of electronic transmission.  
 
Article 15  
The Specific Patent Agency shall store the original version of the 
received electronic patent application documents for verification.  
Regarding the received electronic patent application documents, the 
Specific Patent Agency shall store and manage the original version and 
the copy thereof to ensure the genuineness, completeness  and 
confidentiality.  
 
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 Article 15 -1 
The official documents to be sent by the Specific Patent Agency to 
the patent applicant or the agent thereof may be replaced by electronic 
official documents stored on the electronic official document 
downloading platform. The effect of electronic official documents is 
identical to that of hard -copy official documents.  
Electronic service of patent documents shall be made by the Specific 
Patent Agency upon the c onsent of the patent applicant or the agent 
thereof.  
The Specific Patent Agency shall enact the Letter of Consent in 
electronic form and provide it for signature by the patent applicant or 
the agent thereof.  
 
Article 15 -2 
The Specific Patent Agency may notify by e -mail the recipient of 
service of documents to download such electronic official documents on 
the downloading platform.  
In the same patent application, if there are more than two agents at 
the location where the service is to be effected and one  of whom agrees 
on electronic service, the Specific Patent  Agency will not send hard -copy 
official documents additionally.  
In the same patent application, if there are more than two recipients 
of service of documents at the location where the service is to  be 
effected, any one of whom has the right to download such electronic 
documents. However, the others are not allowed to download after one 
of whom has completed downloading.  
The time of the electronic service shall be the time when the 
recipient of servi ce of documents downloads such official documents at 
the information system of the Specific Patent Agency. The statutory 
period shall be calculated from the day following the date on which such 
electronic documents are downloaded.  
If the recipient of servi ce of documents fails to download such 
electronic document  within five days after the electronic documents 
have been transmitted to the platform by the Specific Patent Agency, 
the Specific Patent Agency shall take down such electronic documents 
and send ha rd -copy official documents to the recipient.  
 
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 Article 16  
These Regulations shall enter into force as of the date of 
promulgation.  
The July 3, 2012 amendment to these Regulations shall enter into 
force from the date of implementation of the Act.  
The Decem ber 6, 2013 amendment to these Regulations shall enter 
into force from December 1, 2013.  
The July 13, 2015 amendment to these Regulations shall enter into 
force from July 15, 2015.  
The June 9, 2020 amendment to these Regulations shall enter into 
force from  July 1, 2020.